HB 749

1	A bill to be entitled
2	An act relating to sewage treatment and disposal systems;
3	amending s. 153.54, F.S.; requiring county commissions to
4	include certain studies for the construction of a new
5	proposed sewerage system or the extension of an existing
6	sewerage system in certain reports; amending s. 153.73,
7	F.S.; requiring county water and sewer districts to
8	conduct certain studies for the construction of a new
9	proposed sewerage system or the extension of an existing
10	sewerage system prior to the levying of certain
11	assessments; amending s. 163.3180, F.S.; authorizing local
12	governments to use certain onsite sewage treatment and
13	disposal systems to meet certain concurrency requirements;
14	amending s. 180.03, F.S.; requiring municipalities to
15	conduct certain studies for the construction of a new
16	proposed sewerage system or the extension of an existing
17	sewerage system prior to the adoption of certain
18	resolutions or ordinances; amending s. 381.00655, F.S.;
19	exempting certain onsite sewage treatment and disposal
20	systems from connecting to a publicly owned or investor-
21	owned sewerage system under certain circumstances;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (5) is added to section 153.54,
27	Florida Statutes, to read:
28	153.54  Preliminary report by county commissioners with
29	respect to creation of proposed district.--Upon receipt of a
30	petition duly signed by not less than 25 qualified electors who
31	are also freeholders residing within an area proposed to be
32	incorporated into a water and sewer district pursuant to this
33	law and describing in general terms the proposed boundaries of
34	such proposed district, the board of county commissioners if it
35	shall deem it necessary and advisable to create and establish
36	such proposed district for the purpose of constructing,
37	establishing or acquiring a water system or a sewer system or
38	both in and for such district (herein called "improvements"),
39	shall first cause a preliminary report to be made which such
40	report together with any other relevant or pertinent matters,
41	shall include at least the following:
42	(5)  For the construction of a new proposed sewerage system
43	or the extension of an existing sewerage system, a detailed
44	feasibility study comparing the costs to the owner of each
45	affected lot or parcel of construction and operation of the
46	proposed sewerage system or extension of the existing sewerage
47	system to the costs of construction and operation of an onsite
48	sewage treatment and disposal system approved by the Department
49	of Health that provides for decentralized distribution or for
50	treatment meeting advanced secondary treatment standards.
51
52	Such report shall be filed in the office of the clerk of the
53	circuit court and shall be open for the inspection of any
54	taxpayer, property owner, qualified elector or any other
55	interested or affected person.
56	Section 2.  Paragraph (c) is added to subsection (2) of
57	section 153.73, Florida Statutes, to read:
58	153.73  Assessable improvements; levy and payment of
59	special assessments.--Any district may provide for the
60	construction or reconstruction of assessable improvements as
61	defined in s. 153.52, and for the levying of special assessments
62	upon benefited property for the payment thereof, under the
63	provisions of this section.
64	(2)
65	(c)  For the construction of a new proposed sewerage system
66	or the extension of an existing sewerage system, the engineer
67	shall also prepare a detailed feasibility study comparing the
68	costs to the owner of each affected lot or parcel of
69	construction and operation of the proposed sewerage system or
70	extension of the existing sewerage system to the costs of
71	construction and operation of an onsite sewage treatment and
72	disposal system approved by the Department of Health that
73	provides for decentralized distribution or for treatment meeting
74	advanced secondary treatment standards.
75	Section 3.  Paragraph (a) of subsection (2) of section
76	163.3180, Florida Statutes, is amended to read:
77	163.3180  Concurrency.--
78	(2)(a)  Consistent with public health and safety, sanitary
79	sewer, solid waste, drainage, adequate water supplies, and
80	potable water facilities shall be in place and available to
81	serve new development no later than the issuance by the local
82	government of a certificate of occupancy or its functional
83	equivalent. Prior to approval of a building permit or its
84	functional equivalent, the local government shall consult with
85	the applicable water supplier to determine whether adequate
86	water supplies to serve the new development will be available no
87	later than the anticipated date of issuance by the local
88	government of a certificate of occupancy or its functional
89	equivalent. A local government may meet the concurrency
90	requirement for sanitary sewer through the use of onsite sewage
91	treatment and disposal systems approved by the Department of
92	Health to serve new development.
93	Section 4.  Subsection (3) is added to section 180.03,
94	Florida Statutes, to read:
95	180.03  Resolution or ordinance proposing construction or
96	extension of utility; objections to same.--
97	(3)  For the construction of a new proposed sewerage system
98	or the extension of an existing sewerage system, prior to
99	adopting the resolution or ordinance required in subsection (1),
100	the municipality shall prepare a detailed feasibility study
101	comparing the costs to the owner of each affected lot or parcel
102	of construction and operation of the proposed sewerage system or
103	extension of the existing sewerage system to the costs of
104	construction and operation of an onsite sewage treatment and
105	disposal system approved by the Department of Health that
106	provides for decentralized distribution or for treatment meeting
107	advanced secondary treatment standards. The results of such a
108	study shall be included in the resolution or ordinance required
109	in subsection (1).
110	Section 5.  Paragraphs (c), (d), and (e) are added to
111	subsection (2) of section 381.00655, Florida Statutes, to read:
112	381.00655  Connection of existing onsite sewage treatment
113	and disposal systems to central sewerage system; requirements.--
114	(2)  The provisions of subsection (1) or any other
115	provision of law to the contrary notwithstanding:
116	(c)  The owner of a decentralized onsite sewage treatment
117	and disposal system permitted by the department shall not be
118	required to connect to a publicly owned or investor-owned
119	sewerage system as long as the onsite system is functioning
120	properly and satisfying the conditions of the operating permit.
121	(d)  The owner of a performance-based onsite sewage
122	treatment and disposal system permitted by the department that
123	provides for treatment meeting advanced secondary treatment
124	standards shall not be required to connect to a publicly owned
125	or investor-owned sewerage system as long as the onsite system
126	is functioning properly and satisfying the conditions of the
127	operating permit.
128	(e)  The owner of an onsite sewage treatment and disposal
129	system not described in paragraph (c) or paragraph (d) but
130	permitted by the department shall not be required to connect to
131	a publicly owned or investor-owned sewerage system if the owner
132	executes a legally binding agreement requiring the owner to
133	install a system described in paragraph (c) or paragraph (d)
134	upon the failure of the existing onsite system.
135	Section 6.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.